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C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P.

443 F. Supp. 2d 1077, Case No. 4:05CV00252MLM (2006)

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C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P.

United States District Court for the Eastern District of Missouri
443 F. Supp. 2d 1077, Case No. 4:05CV00252MLM (2006)

Facts

C.B.C. Distribution and Marketing, Inc. (CBC) (plaintiff) provided interactive fantasy baseball games via its website. Participants competed against each other based on the real-world performances of Major League Baseball (MLB) players (players). CBC’s website provided participants with the players’ publicly available performance records. In 2002, CBC entered into a license agreement (license) with the MLB Players Association (PA) (defendant) pursuant to which CBC obtained the right to use MLB player names and playing records. The license further provided that CBC would cease using such information upon the agreement’s 2004 expiration and that CBC would not challenge the license’s validity. In early 2005, MLB Advanced Media, L.P. (Advanced) (defendant), MLB’s internet arm, made it clear that CBC could not obtain a new license to MLB player names and records. CBC sued Advanced, seeking declaratory and injunctive relief. The PA intervened and brought a counterclaim, alleging that CBC violated the players’ rights of publicity by using their names and performance records in CBC’s games. The parties each moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Medler, J.)

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